P'town man held on bail after alleged assaults, theft

By MARY ANN BRAGG

mbragg@capecodonline.com

December 27, 2012 - 2:00 AM

PROVINCETOWN — A Provincetown man has pleaded not guilty to charges of assault and battery, assault and battery on a child with injury and reckless endangerment of a child in a Dec. 18 incident involving a woman and her young daughter, according to court records.

Jose Aguilar, 36, of 30 Montello St. was being held at the Barnstable County Correctional Facility in Bourne on Wednesday after failing to raise $7,500 cash bail. Aguilar also is charged with larceny from a person and witness intimidation. A pretrial hearing is set for Jan. 11 in Orleans District Court.

Police learned of the alleged incident after the woman came to the police station Dec. 18. She told a detective that Aguilar had arrived at her home earlier in the day, and had screamed at and shoved her, according to the police report.

The woman also alleged that Aguilar pulled her hair, slapped her face and took between $2,000 and $3,000 in her cash savings from summer employment, according to the report. Aguilar also is alleged to have pushed her daughter. The woman told police she locked herself and the child in the bathroom, and Aguilar threw her phone, so she was unable to find it to call police.

Neither the woman nor the child had injuries that required a trip to the hospital, the report stated.

Aguilar was arrested later on Dec. 18 after allegedly attempting to run away from police in his neighborhood, according to the police report. The bail commissioner did not set a bail that day for Aguilar, and he remained in a cell at the police station until his arraignment two days later.

Aguilar was considered a flight risk, according to the report, because he allegedly had the woman's cash and because he tried at length to elude local police. He also was perceived as a flight risk, the report stated, because his brother had fled the U.S. to avoid prosecution for a similar crime and because the police couldn't confirm that Aguilar is in the country legally.